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R-07-54 A RESOLUTION IN OPPOSITION TO A PROPOSED ETHANOL REFINERY IN CHESAPEAKE. WHEREAS, the City of Chesapeake is considering granting a use permit to authorize an ethanol refinery at property commonly known as the Chesapeake Deepwater Terminal, with an address of 1213 Victory Boulevard, also known as 714 Giant Cement Drive; and WHEREAS, Portsmouth City Council did on August 14, 2007 adopt a resolution expressing conditional opposition to the proposed refinery; and WHEREAS, the bases of opposition are more fully set forth in said resolution, and they deal generally with the unacceptable risks the proposed refinery poses to community preservation, quality of life, and public health; and WHEREAS, said opposition was stated to be conditional unless and until adequate documentation is provided by the developer that said risks will be reduced to acceptable levels, with this documentation meeting appropriate scientific, medical, and empirical standards; and WHEREAS, in the approximately two months since that date, the developer has failed to provide any such documentation, has failed to respond to questions from the City of Portsmouth concerning technical details of operation, has made false and misleading claims about safety and air emissions, has provided incomplete and inconsistent information to the Virginia Department of Environmental Quality, has publicly stated its opposition to thoughtful and reasonable conditions recommended by the Chesapeake City Manager and his management team, and in lieu of providing essential technical, operational, and scientific information has instead hired public relations and political consultants to try and secure governmental approval; and WHEREAS, the New York Times and the Wall Street Journal recently reported that the end of the ethanol boom is in sight and may already be here, it is a dangerous time for persons considering investing in ethanol refineries, and plans for several new ethanol refineries have been cancelled for those reasons, thus calling into doubt whether the tax revenues that have been promised by the developer will ever materialize; and WHEREAS, it is the highest duty of government to protect the health, safety, and welfare of citizens: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that: 1. Because the developers of the proposed refinery have failed to provide any credible evidence to rebut the inferences that the proposed refinery will harm community preservation, quality of life, and public health, the Council hereby makes a factual finding and legislative conclusion that the proposed refinery will in fact cause such harm.